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BARRETT v. BARRETT

284 A.D.2d 423 (2001)

726 N.Y.S.2d 564

ADRIANNE BARRETT, Appellant, v. JAMES BARRETT, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 18, 2001.

Ordered that the order is affirmed, with costs.

The determination whether to grant a writ of assistance lies within the discretion of the trial court, and it must give consideration to the relative equities of the particular situation (see, Long Is. City Sav. & Loan Assn. v Levene, 138 N.Y.S.2d 573). Under the circumstances presented, we find that the Supreme Court providently exercised its...

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